belgiquelex.be - Carrefour Bank of Legislation 1 JUNE 2016. - An Act to amend the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1
er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. This Act partially transposes Directive 2003/86/EC of the Council of 22 September 2003 on the right to family reunification and Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards relating to the conditions to be met by third-country nationals or stateless persons in order to benefit from international protection, uniform status for refugees or persons eligible for subsidiary protection, and the content of such protection (refonte).
Art. 3. In Article 1/1, § 2, 4°, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens, inserted by the law of 19 December 2014, the words "and by members of the family of beneficiaries of subsidiary protection" are repealed.
Art. 4. Article 10, § 1
erParagraph 1
erin the same Act, replaced by the Act of 8 July 2011 and amended by the Acts of 19 March 2014 and 4 May 2016, the following amendments are made:
1° to 4°, second sentence, the words ", or if it is members of the family of a foreigner recognized as a refugee or beneficiary of subsidiary protection" are repealed and this sentence is supplemented by the following sentence:
"These conditions relating to the type of stay and the duration of the stay do not apply if they are members of the family of a foreigner admitted to stay in the Kingdom as a beneficiary of the status of international protection in accordance with Article 49 § 1
er, paragraphs 2 or 3, or article 49/2, §§ 2 or 3 :";
2° 5°, paragraph 1
er, is supplemented by a sentence, as follows:
"These conditions relating to the type of stay and the duration of the stay do not apply if they are members of the family of a foreigner admitted to stay in the Kingdom as a beneficiary of the status of international protection in accordance with Article 49, § 1, paragraphs 2 or 3, or Article 49/2, §§ 2 or 3. ";
3° the 6° is completed by a sentence, written as follows:
"This condition relating to the type of stay does not apply if it is a single disabled child who is more than eighteen years of age of a foreigner who is allowed to stay in the Kingdom as a beneficiary of the status of international protection in accordance with Article 49, § 1, paragraphs 2 or 3, or Article 49/2, §§ 2 or 3;".
Art. 5. Section 11 of the Act, replaced by the Act of 8 July 2011 and amended by the Act of 4 May 2016, is supplemented by paragraph 3 as follows:
§ 3. The Minister or his delegate may decide in one of the following cases that the foreigner who has been admitted to stay in the Kingdom for a limited period of time as a beneficiary of the status of international protection under section 49, § 1
er, paragraph 2, or article 49/2, § 2, no longer has the right to stay in the Kingdom and to issue an order to leave the territory:
1° where the status of international protection has been repealed by the Commissioner-General for Refugees and Stateless Persons in accordance with articles 55/3 or 55/5. The Minister or his delegate shall take into account the level of anchorage of the foreign national in the corporation;
2° where the status of international protection has been withdrawn by the Commissioner-General for Refugees and Stateless Persons in accordance with articles 55/3/1, § 1
er, or 55/5/1, § 1
er.
The Minister or his or her delegate may at any time decide to withdraw the stay of a foreigner who has been admitted to stay in the Kingdom for a limited or unlimited period of time as a beneficiary of the status of international protection under section 49, § 1
er, paragraph 2 or 3, or article 49/2, paragraph 2 or 3, or to terminate this stay and issue an order to leave the territory where the status of international protection has been withdrawn by the Commissioner-General for Refugees and Stateless Persons in accordance with articles 55/3/1, § 2, or 55/5/1, § 2 or where the foreigner has waived his status of international protection.
When the Minister or his or her delegate plans to make a decision as referred to in paragraph 1
er and 2, it takes into consideration the nature and strength of the family ties of the individual, the duration of his stay in the Kingdom and the existence of family, cultural or social ties with his country of origin. "
Without prejudice to the application of paragraph 2, the Minister or his or her delegate may also terminate the right of residence of family members referred to in Article 10, § 1
erParagraph 1
er, 4° to 7°, if terminated the right of residence of a foreigner who has been joined or has been withdrawn on the basis of paragraph 1
er or 2. "
Art. 6. Section 18, § 3, of the Act, replaced by the Act of 25 April 2007 as amended by the Acts of 19 March 2014 and 4 May 2016, is replaced by the following:
§ 3. The Minister or his delegate may decide that a foreigner who has been authorized to settle in the Kingdom on the basis of Article 14 or who has acquired the status of a long-term resident on the basis of Article 15bis, as a beneficiary of international protection, has no longer the right to stay in the Kingdom and/or loses that status when the status of international protection has been withdrawn in accordance with Articles 55/3/1, § 2, or 55/5/1
When the Minister or his or her delegate plans to make a decision for termination of stay as referred to in paragraph 1
er, it takes into consideration the nature and strength of the family ties of the interested person, the duration of his stay in the Kingdom and the existence of family, cultural or social ties with his country of origin.".
Art. 7. In section 49 of the Act, replaced by the Act of 15 September 2006 and amended by the Act of 10 August 2015, the following amendments are made:
1° in the first sentence of paragraph 1
er, the words "for a limited duration" are inserted between the words "admired to stay" and the words "in the Kingdom";
2° paragraph 1
er is supplemented by two paragraphs, as follows:
"The residence permit that sees admission to stay for a limited period is valid for a period of five years.
Upon the expiry of a period of five years from the date of the introduction of the asylum application, the recognized refugee is admitted to the stay for an unlimited period of time, unless the refugee status has in the meantime been repealed or withdrawn under sections 55/3 or 55/3/1 or the foreigner has waived his refugee status in the meantime. ";
3° in paragraph 2, paragraph 1
era sentence as follows is inserted before the first sentence:
"The Minister or his or her delegate may, during the limited stay of a foreigner, at any time ask the Commissioner General for Refugees and Stateless Persons to repeal refugee status, in accordance with section 57/6, paragraph 1
erFour. ";
4° in paragraph 2, paragraph 4, the words "a decision to withdraw" are replaced by the words "a decision to repeal or withdraw" and the words "to withdraw this status" are replaced by the words "to the repeal or withdrawal of that status";
Paragraph 2 is supplemented by a paragraph, which reads as follows:
"In the expectation of a final decision, the granting of the right of stay of an unlimited duration provided for in paragraph 1
er, paragraph 3, shall, if any, be suspended. Where the validity of the residence permit referred to in paragraph 1
er, paragraph 2, expires during the review of the validity of the status of international protection, this residence permit is renewed pending a final decision. "
6° in paragraph 3, the words "the Minister or his delegate shall decide whether the person concerned may be removed in accordance with the provisions of this Act" shall be replaced by the words "the Minister or his delegate may terminate the stay of the alien and shall depart him in accordance with the provisions of this Act without prejudice to the principle of non-refoulement."
Art. 8. In section 49/2 of the Act, inserted by the Act of 15 September 2006 and replaced by the Acts of 8 May 2013 and 10 August 2015, the following amendments are made:
1° paragraph 2 is supplemented by the words ", unless the subsidiary protection status has been, in the meantime, repealed or withdrawn under sections 55/5 or 55/5/1 or the foreigner has waived its subsidiary protection status in the meantime. ";
2° paragraph 3 is supplemented by the words ", unless the subsidiary protection status has been, in the meantime, repealed or withdrawn under sections 55/5 or 55/5/1 or the foreigner has waived its subsidiary protection status in the meantime. ";
Paragraph 4, paragraph 5, shall be replaced by the following:
"The granting of the unlimited length of stay provided for in paragraph 3 shall, if any, be suspended pending a final decision. Where the validity of the residence permit referred to in paragraph 2 expires during the review of the validity of the status of international protection, the residence permit shall be renewed pending a final decision. ";
4° in paragraph 5, the words "the Minister or his delegate decides whether the person concerned may be removed in accordance with the provisions of this Act." are replaced by the words "the Minister or his delegate may terminate the stay of the alien and remove it in accordance with the provisions of this Act, without prejudice to the principle of non-refoulement."
Promulgation of this law, let us order that it evening be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 1
er June 2016.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Security and Interior,
J. JAMBON
The Secretary of State for Asylum and Migration,
T. FRANCKEN
Seal of the state seal:
Minister of Justice,
K. GEENS
(1) Note
House of Representatives (www.lachambre.be)
Documents: 54-1730
Full report: April 28, 2016.
